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2018 Mowing and Haying in the State Trunk Highway Right-Of-Way Cover 395 John Ireland Boulevard St. Paul, MN 55155 March 1, 2018 Via Email Sen. Scott Newman, Chair, Senate Transportation Sen. Bill Weber, Chair, Senate Agriculture, Rural Finance and Policy Development, and Housing Policy Sen. Scott Dibble, Ranking Minority Member, Senate Sen. Foung Hawj, Ranking Minority Member, Transportation Finance and Policy Agriculture, Rural Development, and Housing Policy Rep. Paul Torkelson, Chair, House Transportation Rep. Paul Anderson, Chair, House Agriculture Policy Finance Rep. David Bly, DFL Lead, House Agriculture Policy Rep. Frank Hornstein, DFL Lead, House Transportation Finance Sen. Bill Ingebrigtsen, Chair, Senate Environment and Natural Resources Finance Rep. Linda Runbeck, Chair, House Transportation and Sen. David Tomassoni, Ranking Minority Member, Regional Governance Policy Senate Environment and Natural Resources Finance Rep. Connie Bernardy, DFL Lead, House Transportation and Regional Governance Policy Rep. Dan Fabian, Chair, House Environment and Natural Resources Policy and Finance Sen. Torrey Westrom, Chair, Senate Agriculture, Rep. Rick Hansen, DFL Lead, House Environment and Rural Development, and Housing Finance Natural Resources Policy and Finance Sen. Kari Dziedzic, Ranking Minority Member, Senate Agriculture, Rural Development, and Housing Finance Sen. Carrie Rudd, Chair, Senate Environment and Natural Resources Policy and Legacy Finance Sen. Chris Eaton, Ranking Minority Member, Senate Rep. Rod Hamilton, Chair, House Agriculture Finance Environment and Natural Resources Policy and Rep. Jeanne Poppe, DFL Lead, House Agriculture Legacy Finance Finance Sen. Gary Dahms, SF 218 author Rep. Chris Swedzinski, HF 124 author Mowing and Haying in the State Trunk Highway Right of Way March 1, 2018 RE: Recommendations for Changes to MnDOT’s Permitting Process for Mowing and Haying in State Highway Right of way Dear Legislators: This letter is in response to legislation passed during the 2017 session in which the Minnesota Legislature established a moratorium on enforcing permits to mow or bale hay in the right of way of a trunk highway. This legislation also required the commissioner of transportation to recommend to the legislature the establishment of a permit or notification system to mow or hay in the trunk highway right of way (Laws of Minnesota 2017, Chapter 15, Section 1). The Legislature outlined specific elements to be included in the recommendations, including: • Ease of permit application or notification • Frequency of permits or notification • Priority given to the owner or occupant of private land adjacent to a trunk highway right of way • Determination of authority to mow or hay trunk highway right of way in which adjacent land is under the jurisdiction of the state or a political subdivision • Recognition of differences in the abundance of wildlife habitat based on geographic distribution throughout the state The legislation required the recommendations to be developed with input from agricultural and environmental groups. The Minnesota Department of Transportation convened a stakeholder group between Aug. 2017 and Jan. 2018 to review challenges with permitting mowing and haying as it relates to the various interests in the right of way. MnDOT also held nine public listening sessions and collected feedback in multiple formats (on its website, by email, mail and verbally) from across the state to learn the public’s opinion on the issue and potential future legislation. The following are the recommendations based on stakeholder group feedback and public engagement. Ease of Permit Application or Notification Application: • Updated permit application system in 2017 to provide an online electronic permit submission; • Continue to allow applicants to download the permit application form from MnDOT’s website and print it, fill it out and mail it to MnDOT; and • Continue to provide in-person permit application assistance in the district offices. Mowing and Haying in the State Trunk Highway Right of Way March 1, 2018 Insurance: • Removed the requirement to designate the State of Minnesota as the third party insured1; and • Modified minimum insurance requirement to reflect change from mandatory to recommended minimum limit of $1 million in coverage per occurrence.1 Security Deposit: • District staff will continue to set or waive the refundable security deposit as appropriate. Safety Requirements: • Retain high-visibility vest (or shirt) requirement for individuals in the right of way when not operating farm equipment, vehicle, or implement of husbandry. MnDOT to provide a vest if needed;1 • Retain vehicle/equipment light requirement (previously changed from a strobe light to a flashing amber light of a type approved by the Commissioner of Public Safety, as they are readily available and less expensive);1 and • Require all vehicles to operate consistent with safety and visibility requirements of Minnesota Law. Mowing without haying of right of way vegetation in an area traditionally maintained as lawn by private landowners: • Propose additional language to Minn. Stat. 160.232 to excuse an abutting landowner, or authorized designee of an abutting landowner, from the requirement of obtaining a permit when the landowner desires to mow the right of way vegetation immediately adjoining that landowner’s lawn, house, or building for purposes of routine lawn maintenance; • Propose additional language to Minn. Stat. 160.232 to describe the responsibilities, requirements and liability one is accepting by mowing without haying in the right of way as described in the immediately preceding recommendation; and • Educate individuals about reasonable amounts of mowing without a permit. Frequency of Permits or Notification and Priority Given to the Owner or Occupant of Private Land Adjacent to a Trunk Highway Right of way Abutting Landowner/Designee Permit Applicant: • Develop and use a long-term permit. Following permit issuance, abutting landowner may renew annually by communication with MnDOT, contingent on continuous ownership of the land and subject to MnDOT’s right of reasonable revocation. 1 Denotes a change implemented prior to or during the 2017 legislative session on the basis of informal stakeholder engagement and government entity feedback. Mowing and Haying in the State Trunk Highway Right of Way March 1, 2018 • Abutting landowners can apply before March 1st to have priority2; and • An abutting landowner’s designee may receive the long-term permit provided to abutting landowners, subject to receipt of approval by the abutting landowner and review and approval of district office staff. The abutting landowner may withdraw designation, which will cancel an existing permit between MnDOT and a designee, by notifying MnDOT. Non-abutting Landowner Permit Applicant Without “Designee” Status: • Require an annual permit for non-abutting landowner permit applicants without “designee” status; and • Consider applications after March 1st on a first come, first served basis. Determination of Authority to Mow or Hay Trunk Highway Right of way in which Adjacent Land is Under the Jurisdiction of the State or a Political Subdivision MnDOT is entrusted with management of trunk highway right of way through statutory and case law, including right of way adjacent to land under the jurisdiction of the State of Minnesota or a political subdivision. Currently, MnDOT is engaged in collaborative relationships, memorialized in partnership or other agreements, with state entities and political subdivisions that have jurisdiction over lands adjacent to right of way. These collaborative relationships provide opportunity for communication and resource efficiency. MnDOT recognizes the value of these collaborative relationships and will continue to work with governmental entities in this manner. Recognition of Differences in the Abundance of Wildlife Habitat Based on Geographic Distribution throughout the State MnDOT explored with the stakeholder group the idea of proposing date changes allowed for mowing by region. MnDOT reached out to the Minnesota Department of Natural Resources to provide information regarding differences in wildlife habitat across Minnesota. The DNR provided maps of public land percentage per county, the Minnesota Prairie Conservation Plan, and Grassland Habitat Changes in Western and Southwestern Minnesota 2007-present. MnDOT created maps based on data supplied by Journey North on spring and fall monarch butterfly sightings in Minnesota by citizen reporters. In addition to these maps, the group looked at other existing statewide rules base upon geographic regions in Minnesota, such as DNR ice fishing shelter removal dates, DNR ecological provinces, USDA plant hardiness zone, Minnesota Department of Agriculture AgroEcoregions, Minnesota State Climatology Office spring frost-free dates, Road Weight Restriction Zones and MnDOT districts. Interstate and U.S. highways were included on these maps as reference and to see if a highway or group of highways formed a logical break. 2 Denotes a change implemented prior to or during the 2017 legislative session on the basis of informal stakeholder engagement and government entity feedback. Mowing and Haying in the State Trunk Highway Right of Way March 1, 2018 It was determined by the stakeholder group that the information provided by MnDOT, DNR, MDA and Journey North did not provide logical geographic break lines for mowing regions in Minnesota. Other Discussion Points Environmental Stewardship Right of way Opportunities: The Department of Natural Resources
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